Caught in Possession of Drugs After a Car Accident

Based out of Erie, PA

I bumped into someone's bumper at a light becuase my tires slipped(they are nearly bald). The cops were called and when they arrived, the one officer saw a baggie in my door. He did not "search" the car. How is that legal, how is that probable cause? I also had something hidden in my shoe, how does he have the right to take that as evidence or anything else. I was arrested and all of my stuff was left there until family got there. What he took (both items) are worth a lot of money.

Thanks

If something illegal is in plain sight then the officer may seize that without a warrant. Since it is in plain sight, no search is needed to find it. So, the drugs in the door might be legally seized under the plain sight doctrine. If so, then you were subject to arrest for those drugs. Once under arrest, the officer may do a search incident to the arrest without a warrant and what the officer finds there may be legally seized and used against you, too.

Driving a vehicle with nearly bald tires and hitting someone from behind as a result is pretty much a slam dunk case for neligence, so you can expect that you and/or your insurance company will owe for the damages done to that other car.

Keeping drugs in your vehicle or on you while driving is an incredibly bad idea. One of most common ways drug users get caught is by having the drugs found during a traffic stop. Experienced officers know what to look for as signs that the person is a user and may have drugs in the car and will act accordingly. Your arrest following this traffic accident is a great example of this.

Police have every right to arrest you for illegal drugs in your car.

Your real question should be:

"How do I better my life, so that I'm not a convicted drug felon transporting illegal drugs in my car and hiding them in my shoe?"